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Special warranty deeds do not protect against mistakes in a free-and-clear title that may exist before the seller's ownership. Thus, the grantor of a special warranty deed is only liable for debts, problems, or other encumbrances to the title that they caused during their property ownership.
General warranty deeds give the grantee the most protection, special warranty deeds give the grantee more limited protection, and a quitclaim deed gives the grantee the least protection under the law.
Relates to the past and guarantees grantor ownership. The deed that offers a limited number of warranties is a. general warranty deed.
While the seller in a Warranty Deed must defend the title against all other claims and compensate the buyer for any unsettled debts or damages, the seller in a Special Warranty Deed is only responsible for debts and problems accrued or caused during his ownership of the property.
How to Create a Missouri Warranty Deed Form The current owner's name and marital status; The new owner's name and address; A valid legal description of the property; A granting clause transferring title to the new owner; and. The current owner's notarized signature.
A special warranty deed?also known as a limited warranty deed?is a variation of the general warranty deed. While the word "special" may communicate to a buyer the idea that the deed is of higher quality, the special warranty deed is less comprehensive. It offers less protection due to the limited timeframe it covers.
Types of Deeds Quit claim deeds are common in divorces when one spouse grants his or her rights in real estate from the marriage over to the other spouse. A warranty transfers ownership and explicitly promises the buyer that the seller has good title to the property.
A special warranty deed provides the grantee with limited covenants and warranties from the grantor, including a: warranty of the grantor's clear fee title subject only to noted encumbrances; and ? covenant to defend against title claims arising from the grantor's ownership interest.